N.J. Admin. Code § 16:47-5.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:47-5.1 - Lot or site conformance

(a) The Department has established acceptable spacing standards between adjacent lots or sites to manage the distance between driveways accessing a State highway. These standards are described as lot or site conformance spacing distance requirements and are measured as the spacing between lot or site centerlines. Lots or sites that do not meet the spacing requirements are considered nonconforming lots and are subject to maximum trip limitations. Municipal or county streets that are under Department jurisdiction, but are not numbered State highways, will be considered as non- State highways for the purpose of calculating conformance.

(b) Two or more tax map parcels that constitute a site will be considered one lot for the purpose of determining conformance.

(c) Two or more adjacent lots can be treated as a single lot if they have a shared driveway. This condition must be recorded in the deeds for each lot. The determination of conformance shall then be made for the combination of lot frontages. If the combination is conforming, then no maximum trip limitations shall be applied. If the combination is nonconforming, then the maximum trip limitations set forth in N.J.A.C. 16:47-5.2shall be applied based upon the combined frontage and acreage of the lots and distributed between the lots at the owners' discretion.

(d) Conformance will not be applied to streets.

(e) Conformance will be applied as follows:

1. Any lot or site on a State highway segment designated AL 2 will be a nonconforming lot.

2. Any single family residential lot on a State highway segment not designated AL 1 or AL 2 will be a conforming lot.

3. Any lot or site on a State highway segment designated AL 6 will be a conforming lot.

(f) The conformance of lots or sites not described in (e) above will be determined using the spacing distances in Table 1 in conjunction with Figures 5-1 through 5-10 and the lot conformance flow chart found below.

TABLE

1 -- SPACING DISTANCE REQUIREMENTS

Posted Speed Limit in miles per hour	Distance in feet
20	85
25	105
30	125
35	150
40	185
45	230
50	275
55	330

LOT CONFORMANCE FLOW CHART

CONFORMANCE QUESTION	CONFORMANCE DETERMINATION
1. Is the lot or site on an AL 2 State highway segment?	Yes. Lot or site is nonconforming. No. Go to Question 2.
2. Is the lot single family residential?	Yes. Lot is conforming. No. Go to Question 3.
3. Is the lot or site on an AL 6 State highway segment?	Yes. Lot or site is conforming. No. Go to Question 4.
4. Is the lot or site a corner lot?	Yes. Go to Question 7. No. Go to Question 5.
5. Is the lot or site located in a median of a State highway or have non-continuous frontage on one or more State highways?	Yes. Go to Question 6 and calculate the conformance for each State highway frontage. The most conforming frontage will govern for the entire lot. If any frontage results in a conforming lot the entire lot or site will be considered conforming. If each frontage results in a nonconforming lot, the frontage with the greatest maximum trip limitation will apply to the entire lot or sit No. Go to question 6.
6. Does the distance between the centerline of the lot or site and the centerline of the next adjacent non-single family residential lot or the centerline of the street, ramp, median u-turn, or nearest jughandle roadway opening, as applicable, on each side equal or exceed the minimum spacing distance requirements established by this chapter? Include frontages of any intervening single family residential lots or lots with full access denial in this calculation. See Figures 5-1 through 5-6.	Yes. Lot or site is conforming. No. Lot or site is nonconforming.
7. Is the intersecting thoroughfare another State highway?	Yes. Use the entire frontage along both State highways as the frontage of the lot or site. Go to Question 6. No. Go to Question 8.
8. Along the State highway frontage, does the distance between the centerline of the lot or site and the centerline of the next adjacent non-single family residential lot or the centerline of the street, ramp, or jughandle roadway opening equal or exceed the minimum spacing requirements established by this chapter? See Figure 5-3.	Yes. Go to Question 9. No. Lot or site is nonconforming.
9. Does the distance between the centerline of the lot or site and the centerline of the intersecting street roadway opening equal or exceed the minimum spacing distance requirements established by this chapter? See Figure 5-3.	\|Yes. Lot or site is conforming. No. \|Go to Question 10.
10. Is a driveway proposed from the lot or site to the intersecting side street? See Figure 5-3.	Yes. Go to Question 11. No. Lot or site is nonconforming.
11. Does the combination of one -half of the lot or site frontage along the intersecting street together with one-half of the lot or site frontage on the State highway equal or exceed the minimum spacing distance requirements established by this chapter? See Figure 5-3	Yes. Lot or site is conforming. No. Lot or site is nonconforming.

(g) In calculating conformance, when a street, ramp, or jughandle is the next non-single family residential lot, measurements shall be made to the center of the street, ramp, or nearest jughandle roadway opening as applicable. The center of the roadway opening measurement shall be the midpoint between the points of tangency of the curb radii if curbing exists or the centerline of the pavement if there is no curbing. If the side street intersection includes a channelized right turn lane, the center of the roadway opening shall be measured to the midpoint of the channelized right turn lane as previously described.

(h) In measuring the frontage of lots with partial access denial for the calculation of conformance, the access denial will be ignored and the full frontage included in the measurement.

(i) In calculating conformance, lots with full access denial will be treated as single family residences and skipped over but the frontage will be included in measuring the distance to the centerline of the next non-single family residential lot, street, ramp, or jughandle roadway opening.

In Figures 5-1, 5-2A, and 5-2B, midblock Lot 2 is conforming if the distance between its centerline and the centerlines of each of the next adjacent, non-single family residential lots or the distance to the centerline of a street, ramp, or jughandle roadway opening, as applicable, is greater than or equal to the spacing distance. A single family residential lot shall not be considered as an adjacent lot, but its frontage shall be included when determining the distance to the centerline of the next adjacent lot. Similarly, frontage designated as access denial on any lot shall be included in that lot's frontage when determining the distance to the centerline of the next adjacent non-single family residential lot, or the centerline of the street, ramp, or nearest jughandle roadway opening.

In Figure 5-3, corner Lot 1 is conforming if the distance between its centerline and the centerline of the next adjacent, non-single family residential lot is greater than or equal to the spacing distance and the conditions of either (1) or (2) below are met. A single family residential lot shall not be considered an adjacent lot, but its frontage shall be included when determining the distance to the centerline of the next adjacent lot. Similarly, frontage designated as access denial on any lot shall be included in that lot's frontage when determining the distance to the centerline of the next adjacent non-single family residential lot, or the centerline of the street, ramp, or nearest jughandle roadway opening.

(1) When non-State highway access will not be provided to the adjacent side street and the distance between the lot centerline and the centerline of the adjacent side street right-of-way is greater than or equal to the spacing distance; or

In Figures 5-4 and 5-5, Lot 1 with noncontinuous frontage on one or more State highways is conforming if the distance between the centerline of either Frontage 1 or Frontage 2 and the centerlines of each of the next adjacent, non-single family residential lot or the distance to the centerline of a street, ramp, or jughandle opening, as applicable, is greater than or equal to the spacing distance. If both frontages are nonconforming, the lot or site is nonconforming and the most conforming frontage with the greatest maximum trip limitation will apply to the entire lot or site.

In Figure 5-6, Lot 1 located in the median of a State highway is conforming if the distance between the centerline of either Frontage 1 or Frontage 2 and the centerlines of each of the next non-single family residential lot or the distance to the centerline of a median u-turn or crossing opening, as applicable, is greater than or equal to the spacing distance. If both frontages are nonconforming, the lot or site is nonconforming and the most conforming frontage with the greatest maximum trip limitation will apply to the entire lot or site.

In Figures 5-7 and 5-8, Lot 1 is conforming if the distance between its centerline along its State highway frontage and the centerline of the next jughandle or ramp opening is greater than or equal to the spacing distance. Lots abutting jughandles and ramps are not considered corner lots for determining conformance.

In Figures 5-9 and 5-10, Lot 1 is a corner lot with a channelized right turn lane. Lot 1 is conforming if the distance between its centerline and the centerline of the next adjacent, non-single family residential lot is greater than or equal to the spacing distance and the conditions of either (1) or (2) below are met. A single family residential lot shall not be considered an adjacent lot, but its frontage shall be included when determining the distance to the centerline of the next adjacent lot. Similarly, frontage designated as access denial on any lot shall be included in that lot's frontage when determining the distance to the centerline of the next adjacent non-single family residential lot, or the centerline of the street, ramp, or nearest jughandle roadway opening.

(1) When non-State highway access will not be provided to the adjacent side street and the distance between the lot centerline and the centerline of the adjacent channelized right turn lane is greater than or equal to the spacing distance; or

(2) When non-State highway access will be provided to the adjacent side street and one-half of the State highway frontage plus one-half of the side street frontage is greater than or equal to the spacing distance required on the State highway. Both the State highway frontage and the side street frontage shall include half of the arc distance around the channelized right turn in the measurements for this calculation.

N.J. Admin. Code § 16:47-5.1

Adopted by 50 N.J.R. 1534(b), effective 7/16/2018